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A Word from the Editor: Are the Patent Laws About to Change?
The Supreme Court has recently taken an increased interest in patent cases. In recent months the Supreme Court has granted certiorari on a trilogy of patent cases: Medimmune, Inc. v. Genentech, Inc., case number 05-608, on Feb. 21, 2006 (www.supremecourtus.gov/docket/05-608.htm); Ebay, Inc. v. MercExchange, L.L.C., case number 05-130, on Nov. 28, 2005 (www.supremecourtus.gov/docket/05-130.htm) and Lab Corp. of Am. Holdings v. Metabolite Labs, Inc., case number 04-607, on Oct. 31, 2005 (www.supremecourtus.gov/docket/04-607.htm). Collectively, the decisions in these cases could reshape the patent landscape: addressing the right of licensees to challenge patents, the ability of patent holders to secure injunctions and the breadth of business method patents. More specifically, the questions before the Court in the three cases are set forth below.
The question presented in Medimmune is: “Does Article III's grant of jurisdiction of 'all Cases … arising under … the Laws of the United States,' implemented in the 'actual controversy' requirement of the Declaratory Judgment Act, 28 U.S.C. '2201(a), require a patent licensee to refuse to pay royalties and commit material breach of the license agreement before suing to declare the patent invalid, unenforceable or not infringed?” The Federal Circuit decision can be found at 427 F.3d 958 (Fed. Cir. 2005).
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.